Crested Butte, Colorado — A jury has awarded $21 million to a 20-year-old woman who was left paralyzed after a fall from a ski lift at Crested Butte Mountain Resort three years ago. The verdict marks a significant development in liability matters for ski operators.
The jury’s decision follows a pivotal ruling by the Colorado Supreme Court, which stated last year that liability waivers do not prevent ski resorts from facing legal action if they violate state laws or regulations. This ruling paved the way for Annie Miller’s lawsuit, potentially changing the landscape for ski-related legal claims, particularly those associated with chairlift operations.
Brian Aleinikoff, Miller’s attorney, noted that this case may open the door for more skiers to pursue negligence claims against ski resorts. He emphasized that while the inherent risks of skiing remain, the operation of lifts deserves strict scrutiny.
The jury awarded $5.3 million for non-economic damages, $10.5 million for economic losses, and an additional $5.3 million for physical impairment and disfigurement, according to Judge Jeffrey Smith of the 17th Judicial District Court. The jury assigned 25% of the fault to Miller and 75% to Vail Resorts, the operator of Crested Butte.
As a result of this fault assignment and a statutory cap on non-economic damages, Vail Resorts anticipates paying approximately $12.4 million in total. The company expressed its disagreement with the jury’s findings and stated that it believes the decision does not align with Colorado law. However, they acknowledged the emotional toll on Miller and her family, wishing her the best in her recovery.
Miller, who was 16 at the time of the incident, fell about 30 feet from a four-seat high-speed lift after failing to secure herself in the seat properly. As she dangled from the chair, her father, Michael, called for the lift to stop but was unable to prevent her fall. After the incident, he filed a negligence lawsuit against the resort, claiming that staff should have stopped the lift to assist his daughter.
Currently a junior at the University of Tulsa studying music and psychology, Miller’s situation underscores the importance of accountability in ski area operations. Aleinikoff emphasized the need for ski resorts to adhere to established safety protocols, asserting that skiers deserve protection while enjoying the slopes.
This case could set a precedent for future legal actions involving ski resorts, potentially reshaping how liability is viewed in the industry.
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